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CNAA / Theses / 2017 / July /

The contravention procedure in cases of committing ecological contravention


Author: Creţu Andrian
Degree:doctor of law
Speciality: 12.00.02 - Public Law (with specification: Constitutional, Administrative, Police, Military, Financial, Customs, Information, Ecological); Organization and Functioning of Law Institutions
Year:2018
Scientific adviser: Igor Trofimov
doctor, associate professor (docent), Academy "Stefan cel Mare" of Ministry of Internal Affaires
Institution: Academy "Stefan cel Mare" of Ministry of Internal Affaires

Status

The thesis was presented on the 20 July, 2017
Approved by NCAA on the 11 May, 2018

Abstract

Adobe PDF document – 0.28 Mb / in romanian

Thesis

CZU 342.9:349.6(043.3)

Adobe PDF document 1.03 Mb / in romanian
176 pages

Keywords

environmental contravention, contravention procedure, offender, finding agent, environmental damage, presumption of innocence, presumption of guilt.

Summary

The purpose and objectives of the research: multidimensional research of contraventional law regulation in order to identify an efficient mechanism of environmental factors protection.

The objectives of the research target: the identification and the definition of the ecological contravention concept; the identification of the existing problems regarding the procedure of contravention examination; efficiency identification and evaluation regarding the application of the principles regulated by contraventional law in cases of committing ecological contraventions; assessing the possibility of reviving the framework of principles applicable to the contravention procedure in the cases of ecological contravention, ranking of the principles applicable to the contravention procedure in the case of environmental contraventions.

The scientific novelty and originality of the research results consists in formulating the proposals for a new concept approach regarding the proving of guilt that is proposed to be imposed on the perpetrator as well as the evaluation of the possibility of the application of objective character for such liability.

The important scientific problem solved consists in identifying the solutions for the application in the contravention procedure of distinct principles for the examination of ecological offenses such as the presumption of guilt and objective liability.

The theoretical significance of the research is presented by the scientific analysis of the opinions and proposals, presented in the specialized literature related to the contravention procedure in the cases of ecological contraventions, with the approach of the concept regarding the reversal the proving of guilt to the perpetrator, a matter that would fall within the idea of application of the precautionary principle, and even the application of the principle of objective liability.

The applicative value of the research: The research has a scientific-didactic and applicative character; The results obtained can serve as indicative marks in the subsequent research of the problem addressed and will help to increase the efforts of the authorities to ensure the protection of the environment. Implementation of scientific results. The conclusions and recommendations based on the PhD thesis have been reflected in the 6 articles published in national scientific magazines and a course manual, as well as in the presentations at international scientific and practical conferences.